Fourth DCA Affirms Judgment for Homeowners Association Where Enforcement of Declaration Left to Association’s Discretion

Heath v. Bear Island Homeowners Association, Inc. Case No. 4D10-3779 The Fourth District Court of Appeal (“DCA”) reviewed a trial court’s final judgment in favor of the defendant homeowners association (“HOA”) and the HOA’s board member. Heath, the plaintiff, had filed suit against the defendants for injunctive relief to compel them to enforce the terms of...

Fourth DCA Reverses and Remands Trial Court’s Directed Verdict Against Plaintiff

Westervelt v. Thyssenkrupp Elevator Corporation and Toscana North Condominium Association, Inc. Case No. 4D08-3037 Westervelt worked as a concierge at a Toscana condominium building. Westervelt was injured as a result of riding in a condominium elevator, which suddenly stopped while traveling from an upper floor to the lobby. Toscana had hired Thyssenkrupp to maintain and repair...

Monetary Damages Not Available to Plaintiffs Under Firefighter’s Bill of Rights

Curtis v. City of West Palm Beach, 4D10-876 June 22, 2011 The Fourth District Court of Appeal addressed the issue of whether a firefighter could claim monetary damages under the Firefighter’s Bill of Rights (“FBR”). The firefighter sought monetary relief for alleged violations of the FBR by the City of West Palm Beach in imposing disciplinary...